LITTLE GIFTER LIMITED – TERMS OF SERVICE

Last Updated: 11th April 2026

1. Acceptance of Terms

By accessing or using the Little Gifter platform (“Platform”), you agree to be bound by these Terms of Service (“Terms”).

These Terms constitute a legally binding agreement between you and Little Gifter Limited, a company incorporated in Kenya.

If you are located in the European Economic Area (EEA), these Terms operate alongside your mandatory rights under the General Data Protection Regulation, which are not affected by these Terms.

2. Nature of the Service (The Social Orchestrator)

Little Gifter is a social coordination platform that provides a digital environment for organizing gift exchanges, wishlists, and group contributions.

For clarity:

Not a Merchant: Little Gifter does not sell, supply, or deliver goods or services.
Not a Bank or Payment Service Provider: Little Gifter does not provide financial services or money transmission.
Not a Custodian: Little Gifter does not hold, store, or control user funds at any time.

3. User Accounts & Conduct

You are responsible for maintaining the confidentiality of your account credentials and for all activity conducted under your account.

You agree to use the Platform in good faith and in compliance with applicable laws.

We reserve the right to suspend or terminate accounts for:

Fraudulent or unlawful activity.
Abuse of the Platform or other users.
“Bad Faith Participation,” including repeated participation in gift Rooms without genuine intent to contribute.
Any conduct that poses a security or reputational risk to the Platform or its users.

4. Intellectual Property & Data License

All intellectual property rights in the Platform, including software, design, branding, and the Taste Graph, are owned by Little Gifter Limited.

4.1 User Data License

By using the Platform, you grant Little Gifter a non-exclusive, worldwide, royalty-free license to use your submitted content (including wishlists and interaction data) for the purpose of operating, improving, and developing the Platform.

Where such data is used for analytics or AI training, it will be processed in an aggregated and/or anonymized form where reasonably possible.

For users in the EEA, such processing is carried out in accordance with our lawful bases under the GDPR, including Legitimate Interest (Article 6(1)(f)), subject to your rights and freedoms.

5. Payments & the Conduit Model

5.1 Third-Party Payment Processing

All payments, including M-Pesa and card transactions, are processed exclusively by licensed third-party payment providers.

Little Gifter does not:

Receive, hold, or transfer funds.
Store payment credentials (including PIN or card details).
Act as a payment intermediary or financial institution.

5.2 Purpose-Bound Contributions

All user contributions are pre-authorized payments toward a specific gift or merchant transaction.

These contributions do not constitute deposits, do not create stored value, and do not represent wallet balances.

5.3 Merchant Relationship

Any purchase of goods or services is a direct contract between the User and the third-party merchant.

Little Gifter is not a party to such transactions and assumes no responsibility for product quality, delivery, pricing, or merchant conduct.

5.4 Financial Liability Disclaimer

To the fullest extent permitted by law, Little Gifter shall not be liable for failed, delayed, or reversed payments; errors or downtime of payment providers; unauthorized access to your mobile money or bank accounts; or disputes between users regarding contributions.

6. AI Recommendations & the Taste Graph

Little Gifter provides AI-driven gift suggestions based on user preferences and behavioral data.

These recommendations are informational only.

Final purchasing decisions remain solely with the User.

Little Gifter does not engage in automated decision-making that produces legal or similarly significant effects within the meaning of Article 22 of the GDPR.

7. AML & Anti-Fraud Compliance

In accordance with the Proceeds of Crime and Anti-Money Laundering Act, Little Gifter may monitor platform activity for suspicious behavior.

We reserve the right to:

Restrict or suspend accounts.
Report suspicious activity to relevant authorities or payment partners.

8. Limitation of Liability

To the maximum extent permitted by applicable law, including the Consumer Protection Act, Little Gifter shall not be liable for indirect, incidental, or consequential damages; losses arising from third-party services; failed or incomplete group gifting arrangements; or social, emotional, or reputational harm.

Statutory Carve-Out

Nothing in these Terms shall exclude or limit liability where such limitation is prohibited by law, including liability for personal data protection under applicable law and mandatory consumer protection rights.

9. Privacy & Data Protection

Your use of the Platform is governed by our Privacy Policy.

For users in the EEA:

Personal data is processed in accordance with the GDPR.
Processing necessary for use of the Platform is based on Article 6(1)(b) (Contractual Necessity).
Direct marketing is based on explicit consent, which may be withdrawn at any time.

10. Dispute Resolution

10.1 Informal Resolution

You agree to first attempt to resolve disputes by contacting our support team.

10.2 Mediation

If unresolved within 30 days, disputes may be referred to mediation under the rules of the Nairobi Centre for International Arbitration.

10.3 Jurisdiction

For non-EEA users: Kenyan courts have exclusive jurisdiction.
For EEA consumers: you may bring proceedings in your country of residence.

11. Governing Law

These Terms are governed by the laws of the Republic of Kenya.

For users in the EEA, this choice of law does not affect your mandatory rights under the laws of your country of residence.

12. Changes to Terms

We may update these Terms from time to time.

Where changes are material, we will take reasonable steps to notify users.

Continued use of the Platform constitutes acceptance of the updated Terms.

13. Contact

For any questions regarding these Terms:

Email: hello@littlegifter.com